What can I do if a management company is allowing noisy neighbors to live next door? 1 Answers as of August 16, 2011

My husband and I own a townhouse in a complex in San Jose. The Complex is governed by an extensive set of By-Laws. We relied upon the By Laws when we bought the house. We pay monthly dues to a management company to live in the Complex. Approximately three months ago, the vacated property next door (owner in bankruptcy bailed on mortgage and HOA dues) became inhabited by a group of young people from late teens-early 20s. They became an immediate noise nuisance (at least 20 incident reports to SJPD) and, violated City Codes by dumping their waste water into the carports we all share and into the city sewer. All of this is a direct violation of the By Laws (there is a specific by law about only single families being allowed to rent to prevent the above situation from happening). We informed the management company in writing, by phone and in person. We even documented the dumping of the water (a now open case with Code Enforcement). The management company's response was, "this isn't worth pursuing." and "this is how it's done in this part of town." We have since learned that the owner is absent, there is no lease, no rental agreement and no HOA dues being paid by these individuals. In fact no dues have been paid on the property for more than a year yet they are receiving the same services the rest of us pay for. In short, the company we pay to manage the properties within our complex is allowing squatters who do not meet the criteria for renters or pay any money live next door to my two little boys and cause more than an unreasonable nuisance to us and our fellow neighbors. This is a breach of the contract we pay our dues in reliance on every month and, we feel discriminated against because we pay while others live for free and get the same services and, even more protection. How can I get this company to do it's job, oust the squatters and secure the property as the By Laws set out? Time is of the essence as they are a constant noise violation.

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Law Offices of Steven A. Fink
Law Offices of Steven A. Fink | Steven Alan Fink
The HOA should have a Board of Directors that supervises the management company. The Board should instruct them to resolve the problem or they should be replaced. The Board should also pursue the owner for the unpaid HOA fees.
Answer Applies to: California
Replied: 8/16/2011
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